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Home My WebLink AboutCT 94-09-02; Carlsbad Ranch Company LP; 1997-0287909; Hold Harmless Agreement/Release. RECORDING REQUESTED BY City of Carlsbad AND WHEN RECORDED MAIL TO: City Clerk CITY OF CARLSBAD 1200 Carlsbad Village Dr. Carlsbad, CA 92008 1382 DK # 1997-0287909 20 ,UN-1997 11055 fin OFFICIM RECORDS SIN DIE@ COUNTY RECORDER’S OFFICE SPACE ABOVE THIS LINE FOR RECORDER’S USE Assessor’s Parcel No.: A portion of: 211-022-10 and 11, 21142343 and 15 Project No. & Name: CT 94-09-2 Carlsbad Ranch. Unit 2 and 3 HOLD HARMLESS AGREEMENT DRAINAGE In consideration of the City’s approval of a drainage plan (Plan No. DWG 333-2U) and/or improvement plans (Plans No. 333-2T) for development to occur on property described in the attached legal description labeled as Exhibit “A” (APN: a portion of 21 l-022-10 and 11, 21 I-023-13 and 15), Carlsbad Ranch Company, L.P., a California Limited Partnership, the owner(s) of said property promise to indemnify and to hold the City of Carlsbad and any of its agencies or employees harmless from liability for injuries to persons, or damage to or taking of property, directly or indirectly caused by the diversion of waters, the alteration of the normal flow of surface waters or drainage, or the concentration of surface waters or drainage from the drainage system or other improvements identified in the approved plans; or by the design, construction or maintenance of the drainage system or other improvements identified in the approved plans. Agreements\AG-14.FRM REV 6/26/9E 1383 Approval of the plans by the City shall not constitute an assumption by the City of any responsibility for such damage or taking. City shall not be an insurer or surety for the design or construction of the improvements pursuant to the approved plans, nor shall any officer or employee thereof be liable or responsible for any accident, loss or damage happening or occurring during the construction work or improvements as specified in this agreement. It is further agreed that the above owner(s) will maintain all drainage systems to insure a free flow to a satisfactory point of discharge unless said systems are accepted as public facilities. It is further agreed that this agreement shall be binding on all heirs, successors or assigns having an interest in all or any part of the property described herein. IN WITNESS WHEREOF, the undersigned has executed this instrument this /P day of /&?rZU~~~ , 19-v PROPERTY OWNERS CARLSBAD RANCH COMPANY, L.P., A CALIFORNIA LIMITED PARTNERSHIP By: Carltas Company, a California limited partnership, General Partner By: Carltas MMagemc :nt, a California corporation, &alkins, President - Date: APPROVED AS TO FORM: RONALD R. BALL City Attorney (Proper notarial acknowledgment of execution by the OWNER(S) must be attached). AgreementsLAG-14.FRM 2 REV 6126195 EXHIBIT “A’ LOTS 9, 10, 12, 13 AND 15 OF CARLSBAD TRACT NO. 94-09 (CARLSBAD RANCH UNITS 2 AND 3) IN THE CITY OF CARLSBAD, COUNTY OF SAN DIEGO, STATE OF CALIFORNIA, ACCORDING TO MAP THEREOF NO. 13 YC@ , FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAN DIEGO COUNTY M+#wti- ) 1997. pawN-- CRLEGAL.DOC ICI 1 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT 1385 State of California County of San Dieqo On February 18, 1997 Date before me, Karen A. Phelps, Notary Public 9 Name and i3le of Officer (e.g.. ‘Jane Doe. NoMy Public”) personally appeared Christopher C. Calkim-------- , Name(s) ot Signer(s) @, personally known to me - Q61~~#~~W~~~~ to be the person&) whose nameH is/$&&ubscribed to the within instrument and acknowledged to me that he/@#J!$# executed the same in his/@,@@$$~authorized capacityl$# and that by hislfi,&Y~#ignature($) on the instrument the persor@), or the entity upon behalf of which the person&j acted, executed the instrument. Though the infomation below is not required by law, it fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Ho1 d Harmless Agreement Drainage Document Date: February 18, 1997 Number of Pages: 2 ’ Exh* Signer(s) Other Than Named Above: Ronald R. Ball Capacity(ies) Claimed by Signer(s) Signer’s Name: Christopher C. Calkins Signer’s Name: Cl Individual B Corporate Officgesi dent Title(s): Cl Part&r - Cl Limited Cl General 0 Attorney-in-Fact Cl Trustes Cl Guardian or Conservator Cl Other: Signer Is Representing: larlsbad Ranch Company ly Caritas Lompany, ly Carltas Management, GP Cl Individual Cl Corporate Officer Title(s): Cl Partner-Cl Limited Cl General 0 Attorney-in-Fact 0 Trustee Cl Guardian or Conservator Cl Other: Signer Is Representing: u 0 1994 National Notary Asscciation l 9236 Remmet Ave., P.O. Box 7194. Canoga Park, CA 913047194 Prod. No. 5907 Reorder: Call Toll-Free l-9W87E-6627 _- . . ‘ A b (p$J&!wc w B42rn-3 ACTION BY WRITTEN CONSENT 1386 BOARD OF DIRECTORS OF CARLTAS MANAGEMENT THE UNDERSIGNED being allXof the Directors of Carltas Management, a California corporation (the “Corporation”), hereby adopt the following recitals and resolution by unanimous written consent: RECITALS A. The Corporation is the General Partner of Carltas Company, a California limited partnership (“Carltas”). B. Carltas is the General Partner of Carlsbad Ranch Company, L.P., a California limited partnership (“CRC”). C. CRC is the owner of a portion of the real property known as the Carlsbad Ranch located in the City of Carlsbad (the “City”), State of California. D. The Carlsbad Ranch is intended to be developed in accordance with the uses set forth in the Carlsbad Ranch Amended Specific Plan 207(A) (the “Project”). E. The City requires that the Corporation provide proof of authority to execute any and all agreements and documents required for or in conjunction with the development of the Project. F. Christopher C. Calkins, in his capacity as President of the corporation, is vested with the authority to execute various documents in furtherance of the legitimate business interests of the Corporation, Carltas and CRC. RESOLUTION NOW, THEREFORE, BE IT RESOLVED, that Christopher C. Calkins, as President of the Corporation, is hereby authorized and directed to execute and deliver on behalf of the Corporation, Carltas and CRC any agreements and documents required for or in conjunction with the further development of the Project, with such agreements and documents to contain such 1 terms and conditions as such officer shall in his sole discretion approve, the execution of such by him to constitute conclusive evidence of such approval. . + Pa Ecke, III c/\ CERTIFICATION BY SECRETARY I am the Secretary of Carltas Management and I certify that the Consent was properly adopted by the Board of Directors.